A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 4, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Gwangju District Court's Branch on January 4, 2008. On May 30, 2008, the Defendant received a summary order of KRW 1.5 million as a fine for the same crime in the same court.

【Criminal Facts】

On April 19, 2020, while under the influence of alcohol of 0.103%, the Defendant driven the E-wing truck from approximately 1.4km section from the front side of the Gwangju Mine District to the front road of the same D apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of the summary order under the Acts and subordinate statutes of the Gwangju District Court Decision 2007 High Court Decision 2007 High Court Decision 1608, Gwangju District Court Decision 2007 High Court Decision 8270; and

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.